Against Order Dated 11.05.2012 Passed ... vs State Of Orissa And Others ... Opp. ... on 12 December, 2012
While working out two-third of the total Councillors the
'fraction' cannot be ignored. As per mandatory provision of Section 54, the
number of votes must not be less than two-third. If fraction is ignored then
the majority will be less than the requisite number of Councillors required
to pass a motion of no confidence. Therefore, fraction should not be
ignored. [See judgment of the Hon'ble Supreme Court in the case of State of
Uttar Pradesh & Anr. Vs. Pawan Kumar Tiwari & Ors., disposed of on
14
04.01.2005 in Appeal (Civil) No.4079 of 2004; judgment of Andhra Pradesh
High Court in Gogineni Koteswara Rao (supra); the judgment of Rajasthan
High Court in the case of Chimna Ram (supra); and judgment of Bombay
High Court in Ashok Maniklal Harkut (supra)]